Josseli Barnica grieved the news as she lay in a Houston hospital bed on Sept. 3, 2021: The sibling she’d dreamt of giving her daughter would not survive this pregnancy.
The fetus was on the verge of coming out, its head pressed against her dilated cervix; she was 17 weeks pregnant and a miscarriage was “in progress,” doctors noted in hospital records. At that point, they should have offered to speed up the delivery or empty her uterus to stave off a deadly infection, more than a dozen medical experts told ProPublica.
But when Barnica’s husband rushed to her side from his job on a construction site, she relayed what she said the medical team had told her: “They had to wait until there was no heartbeat,” he told ProPublica in Spanish. “It would be a crime to give her an abortion.”
For 40 hours, the anguished 28-year-old mother prayed for doctors to help her get home to her daughter; all the while, her uterus remained exposed to bacteria.
Three days after she delivered, Barnica died of an infection.
If the law is being interpreted in court in such a way that the text of the law is being ignored for the sake of scoring more convictions, the state of Texas is begging to be smacked down for doing so. And that smackdown would be perfectly justified. The longer this obviously incorrect interpretation of the law goes unchallenged, the longer it will cause a chilling effect on the medical community that is truly trying to save lives. No, it is not easy to be the tip of the spear, but the state of Texas would owe them a great debt.